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09-13-1999 - Regular .... ..", "'" " CITY COUNCIL OF EDGEWATER REGULAR MEETING SEPTEMBER 13, 1999 7:00 P.M. COMMUNITY CENTER MINUTES CALL TO ORDER Mayor Allman called the Regular Meeting to order at 7:00 p.m. in the Community Center. ROLL CALL Mayor Randy Allman Councilman James Gornto Councilman Myron Hammond Councilman Gary Roberts Councilwoman Judith Lichter City Attorney Nikki Clayton City Manager Kenneth Hooper City Clerk Susan Wadsworth Police Chief Lawrence Schumaker Present Present Present Present Present Present Present Present Present INVOCATION, PLEDGE OF ALLEGIANCE There was a silent invocation and pledge of allegiance to the Flag. Mayor Allman advised the audience of Edgewater being under a Hurricane Warning. He asked Fire Chief Barlow for an update on Hurricane Floyd, which he gave at this time. There is a strong possibility that city Hall will not be open on Wednesday based on 70 mile per hour winds. Councilwoman Lichter asked where the mobile home owners should retreat. Should they head north or west. Fire Chief Barlow stated it is hard to predict that now. Shelters will be opening up. Councilwoman Lichter asked what the plan is for coming back in for CERT. Fire Chief Barlow elaborated. Councilman Roberts asked if any of the local schools, the newer buildings set up to handle the heavy winds as a shelter. Fire Chief Barlow stated as a last resort shelter they may be able to open up Indian River Elementary School. The American Red Cross are the only ones that can deem a shelter a shelter. They have very stringent standards. He encouraged the people that are financially capable to take off now. Mayor Allman asked what time on a time frame basis will this have to make the turn in order to keep it on this scheduled track. Fire Chief Barlow stated they will know more at 11:00 p.m. tonight. He encouraged everyone to watch the news and have everything ready to go. APPROVAL OF MINUTES A. Reqular Meetinq of Auqust 2. 1999 Councilwoman Lichter made a motion to approve the August 2, 1999 minutes, second by Councilman Hammond. The motion CARRIED 5-0. B. Reqular Meetinq of Auqust 16. 1999 Councilman Hammond made a motion to approve the August 16, 1999 minutes, second by Councilwoman Lichter. The motion CARRIED 5-0. '-" 'W . PRESENTATIONS/PROCLAMATIONS/PLAQUES There were no presentations at this time. CITIZEN COMMENTS REGARDING AGENDA ITEMS ONLY Mike Visconti, 316 pine Breeze Drive, asked why they are lowering taxes. He commented on his taxes and how much he would be saving. He will be saving $31.00 per year, $2.60 per month. He doesn't think cutting taxes makes any sense. He doesn't think it is worth it. He spoke about the growth of Edgewater. He asked Council to reverse the tax cut and add it to the General Fund for future needs. Dick Martinez, 317 Schooner Avenue, stated he is confused. Under Public Hearings it shows the millage being set before the budget approval. He asked if it should be the other way around. City Manager Hooper explained they are one in the same. They will be addressed simultaneously. Councilwoman Lichter stated audience participation is welcome during public hearings. Right now it should be citizen comments on other items. Mr. Martinez stated the citizen comment is he thinks the two items are reversed and should be changed to hear the budget first. You can't set the millage rate until you have agreed on the budget. Ferd Heeb, 115 N. Riverside Drive, asked what the situation is of the Lion Fish. Councilwoman Lichter spoke about a study meeting she attended where they discussed how slow government progresses. She informed them of the Lion Fish still being in the river from two years ago. City Manager Hooper explained the Port Authority has advertised for contractors to move derelict vessels. They have selected the contractor and are getting him signed up and ready to go. CITY COUNCIL REPORTS Councilwoman Lichter spoke about an article in the Orlando sentinel regarding New Smyrna and Edgewater not being ready for Y2K. City Manager Hooper reassures her that all is in order. She suggested putting the status of the Y2K situation in the ShoreLines for two months. She thinks it is important they start looking at this. Councilwoman Lichter stated there was a call to City Hall asking for the correct price of the mural. The contract with Courtney Canova was $6,000 and supplies cost $440. The mural did not cost $10,000. Mayor Allman had nothing at this time. Councilman Gornto had nothing at this time. Councilman Hammond spoke about a letter he received from someone stating that they had been told it was this Council's fault that manufactured homes are being put in Florida Shores. He stated if he is correct it is State law and there is nothing at this point we can do about it. City Attorney Clayton stated it is not only State but the Federal government as well. The only way it is prevented in many residential neighborhoods is if they do have restrictive covenants, homeowners association or other provisions. In Florida Shores it would be a strictly voluntary matter and it would be difficult for a homeowners association to enforce unless the person they were enforcing against signed the agreement. Page -2- Council Regular Meeting September 13, 1999 ...... 'WI Councilwoman Lichter asked if there are manufactured homes in Florida Shores that were there before Edgewater Landings. She asked how come mobile homes are being evacuated before site built homes. City Attorney Clayton elaborated on the difference between manufactured homes and mobile homes. Councilman Hammond asked about the additional $25,000 homestead exemption for seniors if they don't make a certain amount of dollars. City Attorney Clayton agreed to bring back a report at the next meeting. Mayor Allman stated it has to be passed prior to December 1st in order for it to take effect. Councilman Roberts spoke about a League of cities conference he attended recently in Orlando. He spoke to an organization called Design Works for Education which helps put together Charter Schools. From what he understands, the State is allowing municipalities to sponsor schools and they are still supported by funds through the School Board and the State. He would like this organization to address Council and give them more information. We have quite a few school children in our community. We have two elementary schools and no middle school or high school. Councilwoman Lichter stated she also spoke to the gentleman about early childhood. The Charter Schools she has seen are generally once the children already have a problem. She feels they need to be caught earlier. The gentleman said they also have Charter schools emphasizing that age. Councilman Roberts feels it would be nice for the children to be educated in the community they are growing up in where they can go to neighborhood schools instead of being bussed across City lines. He feels it would be in their best interest to talk to these people and see what they can do for our community. Councilman Roberts stated if it is alright with the Council he would like Mr. Hooper to make some arrangements to get these people in at a future Council meeting to give us options of what we could do for our kids. PUBLIC HEARINGS. ORDINANCES AND RESOLUTIONS A. Public Hearinq, 1st Readinq, Ord. No. 99-0-21, adoptinq millaqe rate 5.95 Mayor Allman read Ord. 99-0-21 and opened the public hearing. Dominic Capria, 606 Topside Circle, spoke about the second $25,000 Homestead Exemption. Other cities have already approved it. He questioned if this will affect this budget in any way. City Manager Hooper informed him it would. It depends on the effective date of the ordinance. He hasn't seen any other cities do anything except talk about this up to this point. He would assume if it has to be done by December 1st, it will be for the following fiscal year so it wouldn't be in this budget. Councilwoman Lichter asked City Manager Hooper to find out what it might do to us. city Manager Hooper agreed. Mike Visconti, 316 pine Breeze Drive, asked city Manager Hooper how much money the citizens will save and how much total there is for the budget. city Manager Hooper stated the difference between last year's millage rate and this year's proposed millage rate, gross sum was about $150,000. Mayor Allman closed the public hearing. Page -3- Council Regular Meeting September 13, 1999 .... ..", Councilman Roberts stated he doesn't know of too many people that argue about a tax cut. He is in favor of it, being a taxpayer. He spoke about this affecting industry and commercial retail. It also encourages economic development by lowering the millage rate. He feels in the long run it pays off. Last year we increased our ad valorem tax base by about $9.5 million and he would guess we would see that or better this year. City Manager Hooper stated better. He sees no problem with this. Councilwoman Lichter made a motion to approve Ord. 99-0-21, second by Councilman Roberts. The motion CARRIED 5-0. B. Public Hearinq. 1st Readinq. Ord. No. 99-0-22. adoptinq tentative budqet for fiscal vear 1999/2000 Mayor Allman read Ord. 99-0-22 and opened the public hearing. City Manager Hooper spoke about there being very little changes. He spoke about the hard work put in by Donna Looney and the great job she has done. It is her first budget to put together. It is balanced. He briefly went over the changes to the budget. The total budget is $18,753,062. Dick Martinez, 317 Schooner Ave, asked what the increase in the budget was. City Manager Hooper informed him the addition was the gymnasium. Mr. Martinez spoke about the increase in this year's budget over last year. He stated the millage rate is being cut but the County is on a program of changing valuations in the City of Edgewater and 1/3 of the City has been changed. He has spoken to people who this year are paying more with a decreased valuation. He is glad to see we are going to maintain services but he doesn't like this constant harping that we are cutting taxes. We have got a 6% increase in the budget and that is not reflected in what the people are paying. He stated if they are going to cut his taxes by two hamburgers, don't do him any favors. He would like to see it for a good purpose. city Manager Hooper spoke of the increase from one year to the next year being because of the gymnasium. The General Fund, if you took out the gymnasium and the Fire Station is down well below 7 to 8 percent. Mayor Allman spoke about the excellent job City Manager Hooper has done since he has been here. He has heard it from people who have been in this town for years that Mr. Hooper is the best city Manager Edgewater has ever had. This budget reflects the job he has done. Mayor Allman closed the public hearing. Councilman Roberts and Councilwoman Lichter have no problems with the budget. Councilman Roberts made a motion to approve Ord. 99-0-22, second by Councilwoman Lichter. The motion CARRIED 5-0. c. Public Hearinq. 2nd Readinq. Ord. No. 99-0-20. ballot lanquaqe/questions for modifications to Charter for submission to the Election's Department Mayor Allman read Ord. 99-0-20 and opened the public hearing. City Manager Hooper commented on staff and City Attorney Clayton looking at the percentages on the initiative and referendum. Page -4- Council Regular Meeting September 13, 1999 "'" ...", City Attorney Clayton further elaborated on the 20% requirement for the petition for initiative and referendum. She has reviewed what the State thresholds for recall petitions are and briefly informed Council of what they are. George Ewing, Royal Palm Drive, stated he appreciates what the City Attorney has just said but we aren't only talking about recall. We are talking about all other referendums on anything else that might happen in the City. City Attorney Clayton stated he isn't talking about recall at all because the State has that uniform procedure. Mr. Ewing stated they would like the citizens to have a say in this and that is why they would like the 5%. He feels 20% is too high. Mr. Ewing asked if they had a unanimous vote on all the changes that are in the wording that is in front of Council. City Manager Hooper stated they voted at the first reading and it was unanimous. Mr. Ewing stated he would like to see a vote by Council by individuals to find out how they feel on certain items. He went on to comment on term limits. He would like to see term limits of two terms for city Council. Councilwoman Lichter spoke about Port Orange having four year terms but then they have two term limits. Mr. Ewing is suggesting two year terms with two year limits. He would also like to see something giving the voters the right to find out if they would like each councilperson to be voted in his own district. Mayor Allman asked how hard it would be to put it in there. City Attorney Clayton stated it wouldn't be difficult to put it in but she pointed out the Charter Committee has considered that and did not bring that forward as a recommendation to Council. They haven't had many people give Council that indication in terms of citizen input. She is not trying to diminish what Mr. Ewing is saying however, you have incremental approach to Charter amendment which sometimes yields a more considerate approach to how you are going to have an organic document that governs the City. Councilwoman Lichter spoke about term limits. Daytona Beach, Deltona and Ormond Beach are the three large cities that have absolutely district representation. The rest of the seventeen cities are at large. Mr. Ewing stated five people on the Charter Committee and five people on Council do not constitute the citizens of this City. He doesn't know why this can't be put on the ballot to find out. There is one item that the Charter Committee did not approve at all, the four year terms, and that is on the ballot. Councilman Hammond has no problem with four year staggered terms. He spoke of the cost to the City to run an election. If you go with two year staggered terms, there would be an election every year. He feels if you start putting a lot of stuff in front of the people, they aren't going to take the time to look at it. Mr. Ewing stated there were thirteen items on one of the Council ballots previously and there are only ten items on this ballot. Two more is not going to hurt. City Manager Hooper gave his input. He feels they should go with four year terms and not by districts. Councilman Roberts stated he has yet to have anyone come up to him and mention they want voting by districts. He feels they should all be elected at-large. It makes you more responsible for the complete city, not just the people in your neighborhood. Page -5- Council Regular Meeting September 13, 1999 ~ 'tttI( Doris Hill, 112 Lincoln Road, feels if we voted by districts in a city this small, she would be looking at two representatives instead of five. She feels that is taxation without representation and that this city is too small to vote by district. Dominic Capria, 606 Topside Circle, agreed with Mr. Ewing and disagreed with city Attorney Clayton. He is for voting by districts. He attended the last Charter Review meeting and if he is not mistaken, City Manager Hooper said that an election like that would cost about $8,000. That is less than the mural. city Manager Hooper stated he said annual elections cost $8,000. Each year you have one it is about an $8,000 tab. Dick Martinez, 317 Schooner Ave, commented on staggered terms. The consensus at the last meeting was to include staggered terms. Despite it being a minority report, the staff felt it was beneficial also. He has heard a lot of sentiment throughout the city that people would not vote to increase the term to four years. He thinks they all agree staggered terms serve a benefit in having Council not completely change and having experienced Council maintained every year. He asked Council to consider a two or three year staggered term. He understood from an article a few weeks back that New Smyrna Beach has cut its cost per election, according to Deanie Lowe, from $4,000 to $3,600. He feels if they go for four years, the electorate is not going to go for it. He again asked Council to consider two or three year terms. Councilwoman Lichter stated she sat with a gentleman at the League meeting where they had three year staggered terms. That was the first year there was an election, the second year there was an election, and there was no election the third year. She is not adverse to term limits if that totals six. city Attorney Clayton elaborated on the constitutionality issue and whether the State can affect Federal elections and impose term limits on Federal offices at a State level. Ferd Heeb, 115 N. Riverside Drive, stated he would buy off on 1,000 signatures and forget about the percentage. City Attorney Clayton commented on the recall petition in the State Statute says it is 1,000 or 10%, whichever is greater. Councilman Roberts feels as the population grows the number really doesn't work. He feels 10% would be a reasonable number but would not go less. It was the consensus of Council that 10% is reasonable. Councilman Gornto made a motion to change the percentage to 10%, second by Councilman Hammond. The motion CARRIED 5-0. Mayor Allman agreed with Mr. Martinez on three year staggered terms with two term limits. Councilwoman Lichter asked if they could work that out. city Attorney Clayton stated you can have a three year term specified and you can accomplish the voting in staggered terms. City Clerk Wadsworth stated with three year staggered terms, one of the years would not be in the uniform election dates so it would be more expensive for the city. Councilman Roberts feels it is absurd to have an election every twelve months because you spend more time worrying out elections than taking care of city business. If you are going to have staggered terms, you need to have four years. Page -6- Council Regular Meeting September 13, 1999 ........ ...., Mr. Ewing stated he would like to take a vote on term limits. Councilwoman Lichter stated eight cities in Volusia County do four year terms. Ferd Heeb, 115 N. Riverside Drive, stated if there are working people who have a problem getting to the polls we have such a thing as absentee ballots. All you have to do is call or write a letter. Dominic Capria, 606 Topside Circle, would like to see each Councilperson vote on voting by districts. Charles Gebelein, 1730 Umbrella Tree Drive, stated the House Representatives in Washington work on two year terms, none staggered. Councilman Roberts has no problem leaving it the way it is but if it is going to staggered he believes it needs to go to four years. Ed Keenan, 1905 pine Tree Drive, commented on his experience with two year terms. He feels three years is enough. Mike Visconti, 316 pine Breeze Drive, feels they should leave it the way it is. Councilwoman Lichter made a motion to keep the four year staggered terms with a two term limit. She feels this is the best way for the stability of government. Councilman Roberts seconded the motion. The motion CARRIED 3-2. Mayor Allman and Councilman Hammond voted NO. Councilman Roberts made a motion to accept Ord. 99-0-20, second by Councilman Hammond. The motion CARRIED 5-0. D. Public Hearinq, 2nd Readinq, Ord. No. 99-0-08, repealinq Ord. No. 97-0-01: restatinq and amendinq the Police Pension Retirement Plan Mayor Allman opened the public hearing. City Manager Hooper made a staff presentation. Mayor Allman read Ord. 99-0-08. Sergeant Bennett had nothing additional to add. Mayor Allman closed the public hearing. Councilman Roberts made a motion to approve Ord 99-0-08, second by Councilwoman Lichter. The motion CARRIED 5-0. There was a ten-minute recess at this time. E. Public Hearinq, 1st Readinq, Ord. No. 99-0-04, repealinq Ord. Nos. 90-0-27, 94-0-11 and 95-0-13: restatinq and amendinq the Firefiqhters' Pension Retirement Fund Mayor Allman read Ord. 99-0-04 and opened the public hearing. City Manager Hooper made a staff presentation. Jim Jollie, Chairman, Firefighters' Pension Board, thanked City Manager Hooper and City Attorney Clayton and their staff for the wonderful jOb putting this together. Page -7- Council Regular Meeting September 13, 1999 ~ ."", Mayor Allman closed the public hearing. councilman Hammond made a motion to approve Ord. 99-0-04, second by Councilman Roberts. The motion CARRIED 5-0. F. 1st Readinq. Ord. No. 99-0-23. annexation of 1.05 acres located at 2576 U.S. Hiqhwav #1 (Nice Place Restaurant) Mayor Allman read Ord. 99-0-23 and opened the public hearing. Councilwoman Lichter stated she is pleased that they want to come into the City. Councilman Roberts agreed. Mayor Allman closed the public hearing. Councilman Roberts made a motion to approve Ord. 99-0-23, second by Councilwoman Lichter. The motion CARRIED 5-0. CONSENT AGENDA There were no items on the consent agenda to be discussed. OTHER BUSINESS A. Special Activitv Permit - The Oceanside Woman's Club requestinq permission to hold a Carnival on October 28. 29. 30. 1999. at US 1 and Boston Road. and have the administrative fee waived Pat Williams, 2705 S Atlantic Ave, New Smyrna Beach, was available to answer questions. Councilman Roberts moved for approval, second by Councilwoman Lichter. The motion CARRIED 5-0. OFFICER REPORTS City Clerk Wadsworth informed Council the absentee ballots are in. City Attorney Clayton had nothing at this time. City Manager Kenneth Hooper had nothing at this time. GENERAL CITIZEN COMMENTS/CORRESPONDENCE Charles Gebelein, 1730 Umbrella Tree Drive, commented on Charter Schools and his wanting to bring Frank Sganga Charter School to Edgewater. This is something that has been in the works already. We do not need to reach out to somebody in another part of the country. He presented some background regarding Frank Sganga Charter School. They have around 180 students there this year. Roughly half are from Edgewater. Ed Keenan, 1905 Pine Tree Drive, he spoke about Council sending him to Washington D.C. to see about seeking money for extending SR 442 westward. He got a call from the Congressman's office and supposed Chairman Kischner has changed the way money is allocated. He can not do it personally anymore to a given community. He spoke to Mr. Holmes of DOT and he told him if he gets that money it is taking it from their pocket money. It is not given out fairly if that is the case. He had asked for money from an emergency fund. Mr. Keenan spoke of their being commercial value on each side of SR 442. He spoke about meeting up with the westside of May town which he feels would help Oak Hill and Edgewater to be able to escape a hurricane such as we have on our doorstep now. He feels it requires special attention to speed this road up. Page -8- Council Regular Meeting September 13, 1999 "W" ...., Councilwoman Lichter asked if a good approach would be through Senator Locke Burt and our own Houseperson. Mr. Keenan stated he has been speaking to him about it and also getting ten water wells out there. He is going to keep pursuing this on the basis of another fund. ADJOURNMENT There being no further business to discuss, Councilman Gornto made a motion to adjourn. The meeting adjourned at 8:55 p.m. Minutes submitted by: Lisa Bloomer Page -9- Council Regular Meeting September 13, 1999